i recently sold my Saab convertible, and now the buyer is taking me to court stating I must have known about the defects. The car is a convertible, and I had no issues with it other than sometimes the roof needs a second go (push the button again if it didn't close fully). I pointed this out at the time of sale and the buyer didn't seem to mind. She asked me no questions, did not get it mechanically checked out and paid cash. I was happy, she was happy. Now two weeks down the line, she's taken it to a garage where they have told her that the hoses, struts and hydraulic system is old and failing and leaking, and it will cost her $1000 to fix. She is now pursuing me for the costs.
My story is that she had a working roof, albeit a little tired, but I told her all this and she didn't care. It is a 16 year old car and without taking it to bits, there was no hydraulic fluid anywhere on the car that I could see, I could not have known that it was faulty. I have had the car for almost 2 years and the roof was always good. I just thought (and it didn't bother me) that the roof was old sometimes needing two goes to close. I pointed this out though. If she didn't accept that, she should have rejected the car.
What are my rights under Australian Consumer Law and if I am taken to court what will happen? Am I likely to have a hefty bill to pay together with the embarrassment. She has sent me various messages informing me of the issues she is having and I don't want to converse with her for fear of further conflict.
What should I do?
My story is that she had a working roof, albeit a little tired, but I told her all this and she didn't care. It is a 16 year old car and without taking it to bits, there was no hydraulic fluid anywhere on the car that I could see, I could not have known that it was faulty. I have had the car for almost 2 years and the roof was always good. I just thought (and it didn't bother me) that the roof was old sometimes needing two goes to close. I pointed this out though. If she didn't accept that, she should have rejected the car.
What are my rights under Australian Consumer Law and if I am taken to court what will happen? Am I likely to have a hefty bill to pay together with the embarrassment. She has sent me various messages informing me of the issues she is having and I don't want to converse with her for fear of further conflict.
What should I do?